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How to Demonstrate Fault in a Fall Injury Case Thousands of injuries occur yearly, many of them severe, when people slip and fall on surfaces like floors and stairs that are slippery and hazardous. Although compensation to victims of slip and fall injuries is supported by personal injury law, placing fault on the property owner is not always that clear cut. Below are ways a personal injury lawyer can try to demonstrate that a building owner is at fault for injuries sustained in a slip and fall case: 3 Conditions for Proving Liability After you’re injured in a slip and fall accident on someone else’s building as a result of a dangerous situation, you may have a case in court if you can show the conditions below to be factual:
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1. Either the owner of the building or their staff should have spotted the dangerous situation that resulted in the plaintiff’s slip and fall injury since a reasonable individual in their situation would have realized and corrected it to prevent the accident.
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2. Either the person owning the property or their staff did acknowledge the dangerous situation but did not resolve it. 3. Either the owner of the property or their staff did cause the hazardous condition that resulted in slip and fall injury to the complainant. The Issue of Reasonableness When you’re on court mission to prove that a property owner is legally responsible for your slip and fall injuries, you’ll most probably have to demonstrate, at some point, the reasonableness of the defendant’s actions or inaction. In an incidence where a leaking roof over a stairwell is the root cause of the accident, for instance, how long the problem has been there uncorrected can show how reasonable the accused is. If the leak has been there for the last four months, it is less reasonable for the landlord to let it remain unfixed than it would have been if it had just started the night prior to the accident and the landlord was waiting for rain to stop before they could fix it. To make the case strongly against the owner of the property, it’s important you illustrate that they carried the legal responsibility of reasonable care to respond promptly and correct a hazardous scenario within their building. An example is a landlord not being at fault when a tenant trips over a rake on a yard since the object does not have to be always removed. Slip and fall injury claims are tricky to successfully pursue in or out of court, but there are always conditions that can be demonstrated with the help of a brilliant attorney to place fault on the landlord.